Mohareb v Kelso (No 2)

The parties to this proceeding were Mr Mohareb (the applicant) and Mr Kelso (the respondent). The dispute concerned an application by Mr Mohareb to set aside a previous judgment of the Court. The matter came before Macfarlan and McCallum JJA of the Court of Appeal of New South Wales.

The primary legal issues before the Court were whether to grant leave to appeal against the entirety of the previous decision, including a costs order made by the Registrar and reviewed by the primary judge, and whether to recuse the judges on the grounds of apprehended or actual bias.

The Court rejected the applications for recusal, finding no basis for allegations of bias. Regarding the appeal, the Court determined that there was no good reason to extend the leave to appeal to encompass the costs order. The Court reasoned that the costs order appeared to have been appropriate in the circumstances.

Consequently, the Court ordered that the applications for recusal be rejected. It also ordered that the previous order of 24 May 2021 be amended to specify that leave to appeal was granted only in relation to Mr Mohareb’s claim against Mr Alexander Kelso. Finally, Mr Mohareb’s Amended Notice of Motion filed on 1 June 2021 was dismissed, with costs awarded to the respondent.